Local Authority Powers: Coronavirus Update ‘Part 2A’ Public Health Orders – 4-5 Gray’s Inn Square

Posted July 30th, 2020 in coronavirus, health, local government, news, regulations by sally

‘As the UK emerges from lockdown, and as local spikes start to emerge, it is increasingly important that new cases of coronavirus are identified quickly and that anyone who may be infectious complies with guidelines on quarantine, self-isolation and contact tracing. This article considers the potential of Part 2A Public Health Orders as a tool for local authorities to enforce testing and quarantine requirements where infectious individuals refuse to comply voluntarily and pose a threat to public health.’

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4-5 Gray's Inn Square, 20th July 2020

Source: www.4-5.co.uk

The End is in Sight – but what then?- St Ives Chambers

‘The stay of possession proceedings (which started on 27 March 2020) comes to an end on 23 August 2020 and the courts and government have been working on plans how to resume possession cases after that date.’

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St Ives Chambers, 24th July 2020

Source: www.stiveschambers.co.uk

Hanna Wilberg: Lockdowns, the principle of legality, and reasonable limits on liberty – UK Constitutional Law Association

‘In responding to the Covid-19 pandemic, governments around the world have imposed unprecedented “lockdowns”. They decided, on the advice of public health officials and experts, that this was necessary in order to at least “flatten the curve” of escalating numbers of infections and thus prevent health systems being overwhelmed. This has left many governments scrambling to find the necessary legal powers.’

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UK Constitutional Law Association, 23rd July 2020

Source: ukconstitutionallaw.org

Top GC defends in-house lawyers’ approach to ethics – Legal Futures

Posted July 15th, 2020 in coronavirus, legal aid, legal profession, legal services, news, regulations by tracey

‘A leading general counsel has attacked the assumption that in-house lawyers “leave their morals at the door” when they join their companies.’

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Legal Futures, 15th July 2020

Source: www.legalfutures.co.uk

The Care Quality Commission: an essential guide to its powers and processes – Henderson Chambers

‘The Care Quality Commission (“CQC”) is the independent regulator of health and adult social care in England at a time when this sector faces unprecedented scrutiny. However, the CQC’s role and purpose is not well understood. This note provides an essential guide to H&S and regulatory practitioners on the CQC’s powers and procedures in anticipation of widespread enforcement action as the COVID 19 emergency eases.’

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Henderson Chambers, 25th June 2020

Source: www.hendersonchambers.co.uk

Challenge to Lawfulness of “Lockdown” Regulations: Permission Refused – Coronavirus: Guidance for Lawyers and Businesses

Posted July 7th, 2020 in coronavirus, human rights, judicial review, news, regulations, ultra vires by sally

‘In the judgment today in Dolan & Ors v Secretary of State for Health And Social Care & Anor[2020] EWHC 1786 (Admin) Mr Justice Lewis refused permission to seek a judicial review of the Regulations made as a result of coronavirus. One specific issue has been deferred for later consideration.’

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Coronavirus: Guidance for Lawyers and Businesses, 6th July 2020

Source: lawinthetimeofcorona.wordpress.com

Religious services ban in England may have been illegal, judge rules – The Guardian

‘Banning religious services may have been illegal but other restrictions imposed by the government in England during the coronavirus lockdown were legitimate, a high court judge has ruled.’

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The Guardian, 6th July 2020

Source: www.theguardian.com

Alex Schymyck: Why the proposed changes to asylum legal aid fees are unlawful – UK Constitutional Law Association

‘This blog analyses the legality of the Civil Legal Aid (Remuneration) (Amendment) (Coronavirus) Regulations 2020, which came into force on 8 June 2020 The regulations radically alter the renumeration available to lawyers who represent asylum seekers in appeals from decisions refusing to grant refugee status. They threaten the viability of legal aid provision and 66 MPs, including the Labour leader Keir Starmer, have signed an Early Day Motion seeking to annul the regulations. The immigration Bar has gone on strike and a major law firm has already indicated its intention to challenge the legality of the regulations.’

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UK Constitutional Law Association, 23rd June 2020

Source: ukconstitutionallaw.org

Energy customers face bailiffs as Ofgem allows debt collecting again – The Guardian

Posted June 23rd, 2020 in coronavirus, debts, energy, news, regulations by sally

‘Gas and electricity customers face the prospect of debt collectors chasing up unpaid bills after the energy industry regulator told suppliers they no longer had to offer unlimited coronavirus payment holidays.’

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The Guardian, 22nd June 2020

Source: www.theguardian.com

Novel foods regulation: Getting your product to the UK market – 3PB

Posted June 18th, 2020 in consumer protection, EC law, food, news, regulations by sally

‘Foods that fall within the definition of “novel food” must have market authorisation before they can be legally marketed in the UK. This article examines what novel foods are and the authorisation process to allow novel food products to reach the UK market. This article touches upon, but does not address at length, the process in respect of “traditional foods from third countries”.’

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3PB, 5th June 2020

Source: www.3pb.co.uk

Nazir Afzal joins legal fight for new inquiry into Dominic Cummings – The Guardian

‘Nazir Afzal, a former regional chief prosecutor, has joined a legal campaign for a new investigation into Dominic Cummings over alleged breaches of the coronavirus lockdown rules.’

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The Guardian, 14th June 2020

Source: www.theguardian.com

Regulation in the time of Coronavirus by Nicola Hoskins – Broadway House Chambers

‘At the moment, the phrase “business as usual” means anything but: business unusual, we might say. For some, it means a substantial part of the operation is running remotely; others are subject to extensive furloughs and others still will be seeing a downturn in demand or cashflow from which there may be no easy recovery. This is likely to be the case even as the restrictions begin to ease: social distancing and changes in consumer behaviour may result in remote working and smaller operations for some considerable time to come. Whatever the position, businesses will still be subject to regulatory oversight which may present more challenges than usual. This article will take a brief look at some of the key points, along with some practical considerations arising.’

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Broadway House Chambers, 8th June 2020

Source: broadwayhouse.co.uk

GMC can investigate solicitor doctor over legal advice – Legal Futures

‘A claim that a solicitor who is also a doctor provided dishonest advice to his clients can be subject to the General Medical Council’s (GMC) disciplinary process, the High Court has ruled.’

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Legal Futures, 15th June 2020

Source: www.legalfutures.co.uk

Director of Public Prosecutions threatened with legal action over failure to investigate Dominic Cummings – The Guardian

‘The director of public prosecutions, Max Hill, is being threatened with legal action over the failure to investigate Dominic Cummings for alleged breaches of the lockdown rules.’

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The Guardian, 10th June 2020

Source: www.theguardian.com

Latest on the Lockdown Challenge in the UK courts – UK Human Rights Blog

‘On 26 May, judicial review proceedings were launched in the High Court which not only challenged the lawfulness of the Lockdown Regulations as having been made “ultra vires” under the 1984 Public Health Act, but also claimed that they are disproportionate to the threat posed by Covid-19. Philip Havers QC of 1 Crown Office Row is acting for the claimant.’

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UK Human Rights Blog, 9th June 2020

Source: ukhumanrightsblog.com

What are the UK’s new quarantine rules? – The Guardian

Posted June 9th, 2020 in airlines, coronavirus, health, news, regulations by sally

‘The UK’s new quarantine rules have come into effect from today. What are the new restrictions on international arrivals and how will they be enforced?’

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The Guardian, 8th June 2020

Source: www.theguardian.com

Charity launches High Court challenge over dilution of children’s social care duties during COVID-19 – Local Government Lawyer

‘A children’s rights charity is to ask the High Court to quash a statutory instrument that introduced significant changes to children’s social care law during the coronavirus pandemic.’

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Local Government Lawyer, 8th June 2020

Source: www.localgovernmentlawyer.co.uk

Coronavirus: Are protests legal amid lockdown? – BBC News

‘Solidarity protests against the death of George Floyd in the US are continuing to take place in the UK – but are they actually legal given the coronavirus lockdown?’

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BBC News, 3rd June 2020

Source: www.bbc.co.uk

Mike Gordon: Dominic Cummings and the Accountability of Special Advisers – UK Constitutional Law Association

‘It is far from new for the conduct of Dominic Cummings to be a matter of political controversy. The man who is Prime Minister Boris Johnson’s current chief adviser was the Campaign Director of Vote Leave during the 2016 Brexit referendum, an organisation which was subsequently investigated by the Electoral Commission and fined for breaking electoral spending limits. Cummings has been held in contempt of Parliament, for refusing to attend a session of the House of Commons Digital, Culture, Media and Sport Committee into ‘Disinformation and “Fake News”’, examining issues raised during the referendum campaign about data use and targeted political advertising. And he is widely believed to have been a key architect of the Prime Minister’s unlawful attempt to prorogue Parliament for five weeks in September 2019, in an undemocratic attempt to subvert an intransigent and hostile legislature at a key moment in the planned process of exiting the EU.’

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UK Constitutional Law Association, 3rd June 2020

Source: ukconstitutionallaw.org

Did Dominic Cummings act “Responsibly and Legally”? – Doughty Street Chambers

Posted June 2nd, 2020 in civil servants, coronavirus, news, police, regulations by sally

‘Coronavirus has struck in different ways. As well as the devastation it has reaped in taking people’s lives it has exposed an emasculated criminal justice system and political governance clamouring to justify law and guidance applying differently to those close to power from those outside.’

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Doughty Street Chambers, 24th May 2020

Source: insights.doughtystreet.co.uk